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CHAPTER 3
District Management Group renamed as Pakistan Administrative Service vide Estt. Divisions
O.M.No.6/3/2012-CP-II dated 21-05-2012.
376
7.4 Change in Requisition for Recruitment Placed with the FPSC 404
9.2 Bar Against the Use of the Term "Deputation Allowance" 434
______________
381
Sl. No. 1
General Conditions Regarding Postings, Transfers and Deputation- F.R. 15.
President/Prime Minister.
BPS.
382
(2) Officers should not be transferred as a result of their taking leave for
short periods for rest and recreation for which only acting
arrangements should be made.
(i) The normal tenure of an officer on the same post should be three
years. Posting of an officer on the same post beyond the normal
tenure will require concurrence of the competent authority, in each
case.
(iii) Ordinarily, three months notice should be given to the officer who is to
be transferred. Exception may, however, be made in case the officer is
required to be shifted immediately in the public interest with the approval
of the competent authority.
(v) These instructions will not strictly apply to technical and professional
officers/experts recruited for particular posts. However, posting/
transfer of such officers may also be rotated in their parent
departments/cadres as far as possible in accordance with the rules of
the post.
383
(ii) The controlling Ministry should prepare a panel of suitable officers for
the post;
(i) Where a request is made for posting at a different station in the same
department/service/cadre in which an employee is already serving,
the request may be accepted subject to availability of a post in the
same BPS.
(iv) If there is a tie between two or more government servants for posting at
the same station in the same department/unit of an organization, the
government servant with greater length of service may be preferred.
(i) Posting of husband and wife at the same station should not be made
by dislocation of any government servant already serving at a
particular station unless his transfer is necessitated by compelling
reasons of public interest or within the framework of general policy of
postings and transfers.
(i) Where a request is made for posting at a different station in the same
department/service/cadre in which an employee is already serving,
the request may be accepted subject to availability of a post in the
same BPS.
(iv) If there is a tie between two or more government servants for posting
at the same station in the same department/unit of an organization,
the government servant with greater length of service may be
preferred.
3. It has also been decided that the above guidelines shall also be
followed by autonomous/semi-autonomous bodies/ corporations etc. under the
control of the Federal Government.
It has been observed that a number of officers remain at the same desk for
considerable period of time. This arrangement is not administratively desirable as
the officers holding the same post for a long time tend to develop rigidity in the
outlook and ideas and do not view the problems with the same objectivity as they
normally should. It is, therefore, essential that officers should not be allowed to
remain on the same job for any length of time. Normal tenure for an officer on the
same post should be three years and should not exceed five years in any case.
2. The above orders apply not only to the Ministries and Divisions but
also to all kinds of organizations, including the Attached Departments and
Subordinate Offices as well as autonomous bodies and corporations under the
administrative control of the various Federal Ministries/Divisions.
The President has been pleased to approve the following guidelines for
selection of officers for posting abroad in Pakistan Missions:-
(a) prepare a panel of suitable officers for the post on the basis of
job description from amongst the officers working in or
controlled by the Ministry;
4. The Committee will select, after due scrutiny, a panel of three officers
against each post, taking into consideration the following factors:-
(e) Persons within promotion zone within the next 2 years should
not be considered.
(f) Those likely to retire during the next 4 years should not be
considered.
5. The panel of three officers selected by the Committee on the above criteria
will be submitted to the Special Selection Board for final selection including
interview.
CLARIFICATION
BPS.
389
case complete in all respect to its Departmental Selection Committee (DSC) for
consideration before sending the recommendation of DSC to Special Selection
Board (SSB).
Sl. No. 2
Marks
(i) Officer's Record 50
(ii) Assessment by the Committee 50
(a) Interview 30
(b) Experience 20
Total = 100
3. The Committee will interview the candidates to assess their fitness for
the job.
4. Marks for experience should take into account the experience and
additional qualifications relevant to the job. No marks need be
allocated for the basic qualifications required for the post.
[Authority: Estt. Div.s O.M. No.4/7/81-T.IV, dated 18-1-1983].
Officers in **Grade 16
3. The Head of the Department will be the final authority in all matters.
[Authority.- Estt. Divisions O.M.No.7/ 59-S.O., dated 15-1-1960 read with Sl. No. 6/A of
Appendix 4 of the Compilation of Fundamental and Supplementary Rules].
BPS
391
Sl. No. 3
(i) With a view to achieving the broader national objectives viz national
integration and cohesion, underlying the concept of All Pakistan
Services, a *DMG & PSP officer shall be liable to serve in, at least,
two provinces as well as in the Federal Government during his
career. However in the exigencies of service, an officer may be
posted to a third province, or the Northern Areas and/or AJK.
Posting in the Federal Government at various stages would be
made against the vacancies apportioned for such officers as per
law, rules/policy.
(iii) A *DMG & PSP officer shall be liable to serve at various levels for
the tenure(s) as prescribed below:-
District Management Group renamed as Pakistan Administrative Service vide Estt. Divisions
O.M.No.6/3/2012-CP-II dated 21-05-2012.
(ii) It shall be ensured that the *DMG & PSP officers during their career,
are assigned field and staff assignments under the Federal and
Provincial Governments including the instructional positions in the
training institutions tenable by them, and commensurate with their
experience/ background, etc. in order to expose them to varied
experience.
* All Pakistan Services (Change in Nomenclature) Rules, 1973, notified vide SRO 1307(I)/73 dated
14-09-1973, have been repealed vide SRO 89(I)/2014 dated 14-02-2014, whereby all notifications
and instructions issued on the subject from time to time were mutatis mutandis amended.
Sl. No. 4
Doubts have arisen as to who should sanction and notify the leave in the
case of officers referred to in the Establishment Division's Office Memorandum
No.6 (21)/60-E.IX, dated the 8th October, 1960. The intention is that, after the date
of issue of transfer orders, leave should be allowed and notified only by the authority
under whose control the officer transferred has to go.
3. It has, therefore, been decided that, apart from the procedure being
followed in respect of cash, stores etc. mentioned in para 1 above, the officer
396
proceeding on leave, transfer or retirement should also prepare a brief note (Note to
successor) describing important cases, major issues and the directions in which
they are developing and any other matter that his successor should know.
Sl. No. 5
In consultation with the Ministry of Foreign Affairs it has been decided that
following formula regarding grant of Diplomatic Status shall be applicable to those
civilian officers of Ministries/ Divisions who are/shall be posted to Pakistan Missions
abroad:-
(1) Second Secretary (Junior Grade-17.
*Grade or any designation
in future).
BPS
the two zones of Pakistan and between Pakistan and foreign countries should
normally be made after three years. If a transfer was unavoidable before the expiry
of this period, sanction of the Cabinet Secretariat (Establishment Division) should
be obtained invariably before the transfer orders were issued by the administrative
Ministry. The Establishment Division reiterated these instructions from time to time.
2. This Ministry felt that transfer of officials within the two zones of the
then Pakistan stood on an altogether different footing from transfer of officials from
Pakistan to Missions abroad and vice versa. The exigencies of service, such as
inadequacy of staff for certain types of posts, the special suitability of certain officers
for certain Missions, the almost continuous re-organisation of Missions abroad, etc.
made it well-nigh impossible to rigidly adhere to the principle of three years' tenure
abroad. However, the Establishment Division were not agreeable to exempt this
Ministry from the operation of the instructions in question.
[Authority.- Ministry of Foreign Affairs U.O. Note No. Rules-1/3/76, dated 3-5-1976 and
Estt. Division U.O. Note No. 6/2/70-CV, dated 5-5-1976].
Sl. No. 6
ILLUSTRATION
(2) If any person who, before his appointment to a Service of the Centre
or a post in connection with the affairs of the Centre, had appeared at a competitive
examination, test or interview or applied for appointment to a Service or post, it is,
on the result of such examination, test or interview or pursuant to such application,
selected for and offered appointment to a Service or post other than the one to
which he belongs or which he holds, his release for such appointment, it desired by
him, shall not be withheld or refused.
[Authority.- Estt. Divisions Notification No. SRO 593 (K)/66, dated 8-6-1966].
Sl.No. 7
2. The FPSC have reported that despite the instructions issued on 5th
August, 1980, the objective has not been achieved. Several candidates, who
appeared before the Commission on the basis of their "duplicate/advance copy",
have told the Commission that their original applications fell a prey to the clerical
redtapism in their respective offices, and their applications could not be forwarded
to the Commission. The Commission have also complained that in several cases,
the Provincial Governments as well as the Federal Ministries/Divisions/
Departments informed the Commission about the withholding of applications,
after the closing date and in certain cases at a stage when the employee/
candidate had even been interviewed. It will be appreciated that with such state of
affairs, not only the efforts of the Commission are wasted, but the talented/
suitable candidates are also prevented from selection/ nomination.
It has been decided in consultation with the Ministry of Finance that the
following procedure shall be adopted in connection with recruitment through the
Federal Public Service Commission when it is proposed to appoint a candidate on
an initial pay higher than the minimum of the post and the requisition sent to the
Commission admits of such higher initial pay being given in suitable cases:
cases the qualifications notified were modified. There have also been cases
where the domicile for the post was changed or the requisition altogether
withdrawn after the post had been advertised and the candidates interviewed.
Such modifications in requisitions placed with the Commission are not only
against the instructions issued by the Establishment Division but also place the
Commission as well as the government in great embarrassment, apart from delay
in recruitment and wastage of public time and money. It has, therefore, been
decided that, in future, if for very cogent reasons a requisition placed with the
Commission has to be amended or cancelled, the reference to the Commission
should be made under the signature of the Secretary of the Ministry/Division
concerned giving the reasons for the proposed amendment. A copy of the
communication should be endorsed to the Establishment Division.
recruitment even after posts are advertised. Such actions of Ministries/Divisions not
only delay the finalization of the recruitment, but also place the Commission as well
as the government in an embarrassing position. It also puts the candidates to a
difficult situation leading to unnecessary labour and waste of money.
ANNEX
(The prescribed experience counts after acquiring the requisite basic educational
qualification. Whenever the Ministry/Division consider that the prescribed
experience gained before acquiring the minimum prescribed educational
qualification should also be considered as relevant, this should be made clear,
and full justification may please be given for providing this relaxation in the
interest of service).
407
(a) Minimum.
(b) Maximum.
In figures In words
Merit *(7.5%)
Punjab (50%) ---------- --------
- Sindh (Urban Areas)
(40% of 19% or 7.6%) ---------- -------
- Sindh (Rural Areas).
(60% of 19% or 11.4%) ---------- -------
- KPK (11.5%) ---------- -------
Balochistan*(6%) ---------- -------
- GB/FATA(4%) ---------- -------
Azad Kashmir (2%) ---------- -------
Merit *7.5%
Sindh 19%
KPK 11.5%
Balochistan *6%
* Subs. vide Establishment Divisions O.M. No. 4/10/2006-R2, dated 12th February, 2007.
408
Signature.......................................
*The latest orders are contained in Finance Divisions OM No.F.3(2)-Exp.III/2006 dated 13th
September, 2006.
411
2. FPSC has reported that, over the years, it has been noticed that the
Departmental Representatives are either not nominated at all or they do not
attend on specified dates. At times they come late also. Generally, officers of
BPS 19 or below are nominated. They, very often, do not have the requisite
experience and/or lack relevant professional/ technical expertise in the field of the
advertised post. The Commission is not informed about the non-availability of a
qualified officer for which last minute alternative arrangements are impossible to
make. The names/addresses of the Departmental Representatives are seldom
given, nor are their telephone (Office and Residential) numbers provided. Thus
the Commission is prevented from reaching them to ensure their presence.
[Authority: Estt. Div.s (Training Wing) Circular No. 3/8/92-T.V. dated 17-10-93].
BPS
4. Attention of all the Divisions is also invited to the fact that the
Establishment Division administer the Civil Service of Pakistan, the Police Service
of Pakistan, the G.A.R. (General Wing), the Economic Pool@, and the Section
Officers' cadre. Therefore, cases relating to the deputation to other offices of the
officers of these categories should not be made by the Division in which they are for
the time being posted, but should be referred to the Establishment Division for
disposal.
*
BPS
2. The Federal Public Service Commission have pointed out that many
such applications are received in their office long after the closing date, and have
hitherto been entertained if the Commission were satisfied that candidates
themselves were not at fault. The Commission are not prepared to continue this
indulgence indefinitely and desire it to be made clear that in future late applications
will not normally be accepted whatever the reason. It is, therefore, requested that
care should be taken to see that applications of candidates who apply to the Federal
Public Service Commission for the Central Superior and Ministerial Services
examinations and selections are not delayed beyond the permitted date, since delay
in future will not be condoned.
* Federal.
415
Sl. No. 8
(ANNEX)
[Copy of Estt. Division Additional Secretary's D.O. letter No. 4/1/84-RI
(A) dated 20-11-1986]
[Authority: Estt. Div.s O.M. No. 1/18/2007-R-1, dated 10th December, 2007].
(ANNEX)
[Copy of the Establishment Division's O.M.No.1/28/75-D-II (CV) dated
15-10-1979]
In spite of instructions issued on the subject, cases have come to the notice
of the Establishment Division where government servants whose services were
placed on deputation with other departments/organizations for a specified period
have not been returned to the lending departments after the expiry of their tenure of
deputation. What happens is that either a deputationist does not want to come back
to his parent department or the borrowing department does not allow him to revert
to his parent department on expiry of his term of deputation. This practice is against
the interest of efficient administration.
421
(b) On the last date of the specified period the officer should
automatically stand relieved of his duties unless the orders of the
competent authority have been obtained in advance for
extending the period.
4. The policy guidelines issued with the approval of the Chief Executive
and circulated vide Establishment Divisions O.M No.1/28/75-II/R-3/R.I, dated
11-4-2000 also provided that the normal period of deputation should be three
years and no extension beyond three years may be allowed without prior approval
of Establishment Division.
5. Despite the above cited instructions, it has been noticed with concern
that in some cases neither the period of deputation is specified by the
Ministries/Divisions concerned nor the incumbents are relieved of their duties on the
expiry of specified period of deputation, and thus they continue to serve in the
borrowing department without the prior approval of the competent authority resulting
into administrative problems and legal issues due to non-adherence to the
instructions of the government.
1. Period of Deputation
The words to foreign service in Pakistan deleted vide Estt.Div.s O.M.No. 1/13/87-R.I, dated
04-04-2007.
The words to foreign service in Pakistan substituted with the words on deputation vide Estt.Div.s
O.M.No. 1/13/87-R.I, dated 04-04-2007.
425
2. Pay
3. Deputation Allowance
4. Travelling Allowance
5. Conveyance
(i) In case official car has been provided to the deputationist by the
borrowing organization, it should be used for official purpose only,
except where employees of the borrowing organization in an equivalent
rank are entitled to free use of official car for both official and private
purpose the same facility would be admissible to the deputationist
subject to the prescribed petrol limit.
(iv) If official transport is provided both for official and private purpose, the
residence-office conveyance allowance shall not be permissible.
(v) In case official transport is not provided, or if provided, is not used for
journey between office and residence, residence-office conveyance
allowance will be admissible at specified stations, at the rates and on
the conditions laid down in para-8 of the Finance Division's O.M.
No. F.1(1) IMP.11/77, dated 28.4.1977, as amended from time to
time. For occasional travel, the mileage/conveyance rates, admissible
in the government will be applicable.
6. Residential Facility
7. Medical Facility
8. Pension Contribution
[When a civil servant is posted on deputation basis to autonomous/ semi-
autonomous bodies/corporations etc. pension contribution shall invariably
be made by the borrowing organization at the prescribed rate].
9. Leave Salary
Pakistan Allocation Rules, 1971 were repealed by Pakistan Allocation Rules, 1993 vide Works
Divisions Notification No. SRO 1006(1)/93, dated 20-10-1993 (pages 19-40, Common Services
Manual (Vol. II), PPARC, M.S. Wing, Estt. Div. 2003). Pakistan Allocation Rules, 1993 were repealed
by the Accommodation Allocation Rules, 2002 vide Works Divisions Notification No. SRO
749(I)/2002, dated 30-10-2002 (pages 41-69, of the document ibid).
The borrowing organization shall also be liable for leave salary, in respect
of disability leave granted to the civil servant, on account of disability
occurred in and through foreign service, even though if such disability
manifests itself after the termination of foreign service. The leave salary
charges, for such leave, shall be recovered by the civil servant direct from
the borrowing organization.
During the period of deputation, the civil servant concerned will continue to
subscribe to the G.P. Fund, the remittance of which shall be supported with
a G.P. Fund schedule, mentioning therein the G.P. Fund Account Number
and the name of the Accounts Officer, maintaining the account. The
remittance should be made to the parent office of the government servant
concerned. The parent office will send copies of challans and schedules, to
the Accounts Officer concerned for necessary action. As regards the
Benevolent Fund and Group Insurance premium contribution, this should
be remitted directly, by the government servant concerned, through the
normal banking channel, to the Board of Trustees, Federal Employees
Benevolent and Group Insurance Funds, Islamabad with the prescribed
schedule, duly completed.
The borrowing organization will pay for the joining time granted on transfer
to and reversion from deputation, at the rate prescribed by the Federal
deputation
428
deputation.
The words with immediate effect substituted with the words/figures w.e.f. 1.7.2005 vide Estt.
Div.s O.M.No.1/13/87 dated 09-12-2006.
429
[Authority:- Estab. Div. OM No. F. No. 1/13/87- R.I, dated 12th June, 2006]
BPS/post.
430
* BPS/Post.
Note:
Next Below Rule: In initial substantive appointment of a government servant, his pay is fixed, if he
holds a lien, on a permanent post in this manner: if the appointment involves assumption of duties
and responsibilities of greater importance than those of the permanent post, he will draw as initial
pay the stage of time scale next above substantive pay in respect of the old post. When appointment
to the new post does not involve such assumption, he will draw, as initial pay at the stage of the time
scale equal to his substantive pay in respect of the old post, or if there is no such stage, the stage
next below that pay plus personal pay equal to the difference, till he earns an increment in the time
scale of the old post or in the time scale of the new post, whichever is less, but if the minimum in the
time scale of the new post is higher than his substantive pay, he will draw that minimum as initial
pay. The guiding principle for the working of the next below rule, as given in FR 30(10) is that an
officer outside his regular line should not suffer by forfeiting acting promotion had he remained in his
regular line. Thus a fortuitous acting promotion of a junior officer to an officer outside the line of
promotion, does not give rise to claim under the next below rule.
Procedure for regulating pay under the next below rule: The Governor General has sanctioned
the adoption of the following guiding principle in regard to the working in future of the next below
rule. The intention of the so-called rule was apparently that an officer out of his regular line should
not suffer by forfeiting acting promotion which he would otherwise have received had he remained in
his regular line. From that it follows that the fortuitous acting promotion of some one junior to an
officer who is out of the regular line does not, in itself, give rise to a claim under the 'next below' rule.
Before such a claim is established it should be necessary that all the officers senior to the officer who
is out of the regular line have been given acting promotion, and also the officer next below him,
unless in any case the acting promotion is not given because of inefficiency, unsuitability or leave. In
the event of one of these three bars being applicable to the officer immediately below the officer
outside his regular line, some other officer, even more junior should have received acting promotion
and the officers, if any, in between should have been passed over for one of these reasons.
(Late Govt. of India Finance Department Endst. No. F.27(1)-EX-I/36, dated the 20th
February, 1936 and Home Department No. F. 52/36, dated the 6th February, 1936).
The Ministry of Finance has had under consideration the question of operation of the 'next
below rule' in the offices of the Government of Pakistan.The "next below rule" was a temporary
431
(ii) The seniority of a person, who went on deputation from one office to
another before 31st March, 1951, should be determined in his new office, in
accordance with the following instructions:-
expedient designed to protect government servants from monetary loss and in effect meant the
temporary upgrading of posts. It was originally intended that the expediency should not last more
than six months in individual cases. Whatever may have been the held advantage in the past to
leave a man undisturbed in the post by him if the exigencies of the public service required it, the
need for such, considerations does not exist at present. It is the considered opinion of this Ministry
that the concessions of the 'next below rule' should not be permitted except in very exceptional
circumstances and that too for very short periods. It has been decided, therefore, that the cases
wherein the benefit of the next below rule has been conceded should be reviewed forthwith. The
Ministry of Interior/etc. should take steps either to obtain the approval of this Ministry for the
continuance of that benefit or to revert the government servant concerned to his parent office.
(Ministry of Finance O.M. No. 1196-R.E-.G./47, dated the 7th December, 1947)
* BPS/post.
432
* BPS/Post.
11. These instructions take effect from the date of this Office
Memorandum. It is necessary that, before a transfer is made, the position of the
person concerned, both in his parent office and the borrowing office, should be
specially determined in the light of these instructions and the decision
communicated in writing to the person concerned as well as to the office to which
he is transferred.
[Authority.- Estt. Divisions O.M. No. 6/15/48-ME, dated 31-3-1951 read with
O.M. No. 6/39/57-ME, dated 5-2-1958].
Sl. No. 9
The term "deputation" has not been defined in the Civil Servants Act, 1973
and the rules made thereunder. However, in its judgement (PLD 1981 SC 531), the
Supreme Court of Pakistan has enunciated the following explanation of the term
deputation:
* All Pakistan Services (Change in Nomenclature) Rules, 1973, notified vide SRO 1307(I)/73 dated
14-09-1973, have been repealed vide SRO 89(I)/2014 dated 14-02-2014, whereby all notifications
and instructions issued on the subject from time to time were mutatis mutandis amended.
434
4. It is requested that the Finance Division may kindly tender their advice
on the point raised at para 2 above.
(3) if it is not considered necessary to fix the pay of the post, the officer
who is placed on temporary duty draws his own pay but if the duty
involves the consideration mentioned in F.R. 9(25), a suitable special
pay is sanctioned to him ;
(4) if, however, the transfer does not attract the provisions of F.R. 9(25),
but the grant of a compensatory allowance is justified e.g., where an
officer has to incur extra expenditure due, for instance, to the
expensiveness or remoteness of the locality to which he is transferred
a suitable compensatory allowance is granted.
Sl. No. 10
of the Office Memorandum, dated the 31st March, 1951 states the normal position
in respect of temporary staff. If, however, the employing Ministry give the right of
reversion to a temporary employee at their discretion, there is nothing wrong in it.
The spirit behind the instructions contained in the Office Memorandum, dated the
31st March, 1951 was the protection of interests of deputationists to other offices
while they are away.
It has been decided that a probationer who holds lien against his former
post where he was appointed otherwise than through Competitive Examination held
by the Federal Public Service Commission, will be allowed to revert to that former
post within 30 days of the commencement of common training programme at the
Civil Services Academy. Such a probationer will not be allowed to revert in any case
after the expiry of that period.
Cases have come to the notice of the Establishment Division where officers
whose services were obtained on deputation for a specific period were not returned
by the borrowing department when the parent department asked for their reversion.
Attention in this regard is invited to the Establishment Division's O.M. No.
1(28)/71-D. II, dated the 28th March, 1972 (Annex I), wherein it was laid down that
officers obtained on deputation should be reverted to their parent department on the
expiry of the period of deputation.
(ANNEX I)
(See Sl. No. 10.2)
[Copy of Establishment Division O.M. No. 1(28)/71-D. II, dated the 28th
March, 1972].
The question has been raised whether the instructions issued in the
Establishment Division O.M. No.1/23/71-D.II, dated 29th July, 1971 (Annex II)
regarding proforma promotion apply also to past cases where proforma promotions
had already been made prior to the issue of these instructions. The Ministries and
Divisions are advised to review all such cases. If the officer had been allowed to
proceed on deputation for a specific period, he should be required to revert to the
parent department on expiry of that period. In case no period was specified, the
parent department should examine the propriety of recalling the officer to the parent
cadre as it is not administratively desirable that officers and staff should remain
away from their parent cadre for unduly long period, say, more than 3 years in the
case of gazetted officers and 5 years in the case of non-gazetted staff. However, if
in the case of a particular department the number involved is large, the recall of the
deputationists should be judiciously staggered so that no large scale reversions are
caused in the parent office consequent on the recall of the deputationists. Priority in
recall should be given to those who have been allowed proforma promotion in the
parent cadre. Where, however, the borrowing departments are prepared to confirm
such officers and staff on their own establishment (provided this is admissible in
accordance with the recruitment rules applicable to the post) and the officer or staff
is also willing to be so absorbed, reversion to parent cadre may not be insisted
upon.
(ANNEX II)
(See Sl. No. 10.2)
requirement of public interest and not merely to suit his own interests. Normally,
therefore, a deputationist, as soon as he becomes due for promotion, should be
required to revert to his parent department or cadre so that he is promoted to the
next higher post for which he may have been declared fit. In case an offer of
promotion is made to him and he declines to revert, he may be allowed to remain in
the outside post on the clear understanding that he will not ask for proforma
promotion. Only in exceptional cases where the borrowing department or
organization expresses its inability to spare the officer, and the head of the parent
department records, in writing, why he considers it necessary to keep the
government servant on deputation in the ex-cadre appointment, may proforma
promotions be made. Even in such cases the period for which the officer is allowed
to continue to remain on deputation, with the benefit of proforma promotion, should
be judiciously fixed so that the officer reverts to his cadre and is appointed to the
post for which he has been approved for promotion, as early as possible. Such
period should not normally exceed 6 months. All cases, where proforma promotions
are allowed for a period exceeding 6 months, should be reported to the
Establishment Division with full justification.
F.R. 14-A(b) provides that the lien suspended under F.R. 14 (a) (2) cannot
be terminated while the government servant remains in government service except
on his written request. The effect of this provision is that in a case where a
government servant is appointed in a substantive capacity to a permanent post
outside the cadre on which he is borne, he can retain his suspended lien in his
ECO/Successor Organization
440
parent cadre for the entire period of his service under the government, vide
Government decision below F.R. 14-A. It is possible that the exercise of this right
will result in certain administrative difficulties in some cases.
government servant, during the course of his service in the borrowing office, is
confirmed, the parent office is not informed. As this practice causes administrative
inconvenience to the parent office, it should be avoided. As laid down in the Ministry
of Finance letter No. 600-RIII/52, dated the 6th March, 1952 permanent officers
belonging to a government or department, while on deputation to another
government or department, should not be confirmed in the latter without the prior
formal concurrence of the former and the consent of the officer concerned. Once
such confirmation is decided upon, after taking also into consideration the point
emphasized in the Establishment Division O.M. No. 8/36/59-E.XII, dated the 13th
March, 1961, a copy of the resultant confirmation orders should be endorsed to the
lending government or department.
It has been decided in consultation with the Ministry of Finance, that the
persons on deputation to other offices who are appointed formally (and not actually)
to officiate in accordance with paragraph 5 of the Office Memorandum, dated the
31st March, 1951, may be allowed to count the period of such officiating service
towards increments in those higher posts, on reversion to their parent offices.
Sl. No. 11
(ANNEX)
[Copy of Establishment Division's O.M. No. 3/7/68-C-III, dated the 7th
February, 1970].
It was decided by the government in early 1968, vide point No. 6 in the
Establishment Division Office Memorandum No.1/ 11/66-C. III, dated the 14th
February, 1968, that deputation of CSS officers to autonomous bodies,
attached/subordinate offices should be encouraged to give them field experience.
Pursuant to that decision, Ministries/Divisions have been deputing officers to other
organizations but apparently in a haphazard manner. The following guidelines are,
therefore, laid down for observance by all concerned:-
(a) While framing recruitment rules for the posts in government and
autonomous organizations for which the services of Section Officers
can be gainfully utilized, the question of making them eligible for such
appointments may be considered by the administrative Ministries/
Divisions concerned in consultation with the Regulations Wing of the
Establishment Division and the Central Public Service Commission,
where necessary.
Federal.
443
(b) Where recruitment rules have already been framed, the question of
revising them with a view to making a provision as proposed at (a)
above, may be considered by the Ministries/Divisions concerned.
(d) For the posts against which only Section Officers are to be
considered for appointment, the Ministries/Divisions concerned may
place their requirements with the Establishment Division indicating:-
(e) No Section Officer will be allowed to stay away on deputation for more
than five years.
Sl. No. 12
Deputationists from Provincial Governments
The question has been raised whether, with the substitution of efficiency
honorarium for advance increments, it is still necessary for the Ministries/Divisions
to obtain the consent of the lending Provincial Governments before recommending
deputationists for the grant of efficiency honorarium. After a careful consideration of
the financial aspect of the matter, it has been decided that it will not be necessary
for the Ministries/Divisions to obtain the consent of the lending Provincial
Governments before recommending deputationists for the grant of efficiency
honorarium provided the recommendations are not based on the recommendees'
good performance under the Provincial Governments.
Under clause (2) of section 1 of the Civil Servants Act, 1973, that Act
applies only to civil servants. Under sub-clause (i) clause (b) of section 2 of that Act
persons who are on deputation to the Federation from any Province or other
authority have been excluded from the definition of "civil servant". Therefore the Act
or the Rules made thereunder are not applicable to such persons. Any rules having
the force of law applying to such persons and existing before the coming into force
of the permanent Constitution are to be treated as "existing laws", as defined in
clause (7) of Article 268 of the Constitution and will continue to be in force by virtue
of clause (1) of that Article. Under Article 241 of the Constitution also until the
Parliament makes a law under Article 240 of the Constitution governing such
persons, all rules and orders in force immediately before the commencing day are
to continue in force in so far as they are not inconsistent with the provisions of the
Constitution.
Services to be added.
448
grades whose services may be lent to the corporations. All future postings to
corporations will be made out of these panels. Appointment will be made for a
period of at least two years during which the officer will not be eligible for
consideration for promotion in his parent department. Officers within the zone of
promotion will not, as far as possible, be included in the panels with a view to
obviating the possibility of dislocation in the work of the corporation in the event of
their recall on promotion by the Ministry concerned.
[Authority.- Estt. Secretary's D.O. letter No.4/l/75-A.R.C., dated 24-6-1975].
Sl. No. 13
Sl. No. 14
BPS.
449
3. It has come to the notice of the government that the above provisions
of the rules/instructions have not been followed by some of the autonomous/
semi-autonomous/statutory bodies. In flagrant violation of rules/instructions,
government servants on deputation to autonomous bodies etc. have been allowed
the services of Peons/Orderlies exclusively for residence, Chowkidar and servants
at the residence and transport exclusively for the deputationist without the
knowledge and sanction of competent authority. Government have taken serious
note of such irregularities. With a view to ensuring financial discipline, the Provincial
Governments and the autonomous bodies are requested to discontinue, forthwith,
such unauthorized concessions being enjoyed by the government servants on
deputation.
Naib Qasid.
450
Sl. No. 15
Recovery of Leave Salary and Pension contributions may be made as per revised rates as
amended from time to time.
BPS.
*** Deputation
451
Note.-Under the latest orders no leave-salary contributions are recoverable from the foreign
employer/government servant.
** Deputation.
452
Sl. No. 16
It has been noticed that some government servants are directly receiving or
soliciting offers of appointment from private firms/organisations based in foreign
countries and are seeking government clearance for accepting such offers on
deputation basis. This practice, which is on the increase, is against Government
Servants (Conduct) Rules, 1964. It is obvious that in all cases of this nature, the
government servants while still in government service, had established contacts
with the private firms/ organisations offering the appointment. This tendency has to
be curbed because it is quite possible that the firm/organization, offering the
appointment to the government servant concerned, may be doing so in
consideration of some favour done to the firm by the government officer concerned.
It has, therefore, been decided that any government servant receiving such an offer
of employment from a private firm/organisation abroad will not, in future, be allowed
to go on deputation. He will have to resign from government service before he is
allowed to accept the appointment with a private firm/organisation based in a
foreign country.
Extract from the minutes of the meeting of the Special Selection Board is
reproduced below :-
"The Special Selection Board was of the view that in cases where
nominations against senior posts were called for, the sponsoring
Ministries/Divisions should bring the offers to the notice of the
concerned Ministries/Divisions at the level of the Secretary/Joint
Secretary."
454
The following decision of the Special Selection Board taken in its meeting
held on 24th July, 1977 is conveyed for necessary compliance:-
It has been observed that the job descriptions of various posts received
from the international organizations are not being circulated properly amongst the
Ministries/Divisions concerned and the Provincial Governments. It has also been
noted that, in many cases, the nominees are not qualified for the jobs. It has,
therefore, been decided that in future the Ministries/Divisions should;
(ii) nominate only those officers who are properly qualified for the
jobs;
(iii) nominate, at least, three candidates for each job to enable S.S.B.
to pick up the best suited candidates; and
Sl. No. 17
The following decisions taken in the Special Selection Board's meeting held
on 13th October,1977 are conveyed for information and compliance:-
It has been noticed that incomplete cases are being forwarded by the
Ministries/Divisions to the Establishment Division viz. Economic Affairs Division
which results in delay.
(ANNEX)
1 2 3 4 5 6 7 8 9
457
The Special Selection Board in its meeting held on 28th July, 1981 decided
that the candidates once approved by it for a job in an international organization will
require fresh approval of the Board if they intended to apply subsequently for a
similar job in any international organization.
The President has been pleased to direct that all government personnel
being posted abroad on government appointments or on deputation with other
agencies whether they are members of any service group or are professional such
as educationists and scientists will have to be cleared by the intelligence agencies
before they proceed to take charge of their assignments. The names of such
persons will be forwarded to the D.I.B., ten to twelve weeks before they are
scheduled to leave. The individuals will be sent abroad only when clearance has
been obtained from the Intelligence Bureau.
Sl. No. 18
(1) The period of deputation will be treated as foreign service and will
commence from the date of release from the Central Divisions/
Provincial Departments and will terminate on the date of resumption
of duty under the *Central/ Provincial Government.
(2) During the period of foreign service, the person concerned will be
entitled to pay allowances and travelling facilities (including passage
for himself and his family to the place of employment under the
borrowing government and back on termination of the contract) in
accordance with the regulations of or the terms and conditions offered
by the borrowing government.
(3) The person concerned shall, during the period of his foreign service,
pay to the Government of Pakistan through the Pakistan Mission in
the borrowing country, in foreign currency in which he receives his
salary from the foreign employers, pension contribution in accordance
with the relevant rules of and at the rate prescribed from time to time
by Government of Pakistan. On delayed payments of these
contributions, interest shall be payable under S.R. 307. Till such time
as the rates of pension contribution are ascertained and intimated by
the Audit Office concerned the person concerned shall provisionally
pay pension contribution in foreign currency on the basis of the
length of his service at the rate given in Appendix No.11-A to the
F.R. and S.R. Vol.-II.
Federal.
Note.- For latest orders see Finance Div.s O.M.No.F-5(5)Regs 7/79-1407, dated 15 12-1981.
Note: The rates of pension contributions may be made as per revised rates as amended by
Finance Division from time to time.
459
(4) During the period of foreign service, the person concerned will
continue to subscribe to the G.P. Fund or any other Fund of the same
nature of the *Central/Provincial Government according to the rules
and orders regulating subscription to that Fund. The amount of
subscription is payable in foreign exchange and he shall remit the
necessary amount in foreign exchange every month to a scheduled
bank in Pakistan which shall pay to the Accounts Officer the rupee
equivalent thereof at the official rate of exchange on the basis of his
pay which would have been admissible to him in government service,
but for his transfer to foreign service.
(5) The leave terms of the person concerned during the period of his
foreign service will be regulated according to the rules of or the terms
and conditions offered by the borrowing government. Leave salary
due in respect of such leave will be payable by the borrowing
government to the person concerned. No part of the leave earned by
him during the period of foreign service will be credited to his leave
account with the *Central/Provincial Government, nor will any liability
in respect of leave salary on account of such leave devolve on the
government. The *Central/Provincial Government will not recover any
leave salary contribution from the borrowing government. The person
concerned will also not be entitled to receive any leave salary, from
the *Central/Provincial government in respect of disability arising in
and through foreign service with the borrowing government.
(6) During the period of foreign service, the person concerned will not be
entitled to receive any leave salary from Central*/Provincial
Government in respect of disability leave on account of any disability
arising in or through foreign service, even though this disability might
manifest itself even after the termination of foreign service.
(7) During the period of foreign service, the person concerned will not be
entitled to any medical facility in respect of himself and family
members at the expense of the Central*/Provincial Government.
Federal.
460
(9) Further, if the person concerned during the period of his deputation
becomes entitled to any additional benefit, or is appointed to any post
involving alteration in his emoluments, he will intimate particulars of
such appointment to the Government of Pakistan for information. Any
modifications of the terms involving additional liabilities on the
government will require their prior approval.
[Authority.- Labour and Local Bodies Division's letter No. 15-1 (18)/70-EI, dated 1-3-1973].
It has been decided that government servants who have gone abroad on their
own and are in employment with private bodies on contract terms may be allowed to
remain abroad till termination of their contract period provided that their total period of
foreign employment does not exceed 5 years. Such government servants should
submit copies of their contract/documents, duly authenticated, through the Pakistan
Missions concerned to their administrative Ministries so that their liens may be
maintained and they may now be required to return by the 30th June, 1978.
produced by them. In the latter cases, the Ministries/Divisions concerned may take
action to obtain government sanction in terms of F.R. 18 to cover the period
exceeding 5 years.
The following decision of the Special Selection Board taken in its meeting
held on the 24th July, 1977 is conveyed for necessary compliance:-
It has been observed that the officers going on deputation abroad against
Pakistani posts stay abroad beyond the tenure fixed for the posts in question. They
ask for extension on various grounds and sometimes put pressures for extending
their tenure. The government has taken a serious view of the prevailing situation
and has decided that the Ministry/Division concerned will, in future, automatically
move the case for recall of the officer 6 months before completion of his normal
462
tenure and submit a panel of names for consideration of the Special Selection
Board to enable the latter to select a suitable person to succeed the officer already
abroad.
[Authority.- Estt. Divisions O.M.No.1/23/ 80-T.IV, dated 20-8-1980].
Sl. No. 19
ii. No Ministry should extend the period of deputation invariably all such
cases where an extension in deputation is essential or required
under any specific circumstances should be referred to SSB at least
08 months before the end of tenure. The SSB shall consider the
request on merit and furnish its recommendations for orders of
Prime Minister within 30 days. No extension shall be allowed without
Prime Ministers approval irrespective of pay scale of the
deputationist.
Sl. No. 20
(i) consultancy may be allowed for a period not exceeding six months
during the five years cycle;
(iii) the Establishment Division may consider any relaxation with regard to
(i) & (ii) on case to case basis and recommend to the competent
authority, if deemed appropriate; and
(iv) all the cases of consultancies relating to officers in BPS 17-22 will be
put up to the Prime Minister for approval.
[Authority: Estab. Div.s OM No. 1/8/81-T-TV, dated 13th June, 1996]
465
2. It has further been decided by the Special Selection Board that a copy
of the letter sanctioning terms and conditions of the officers (including the condition
that one third of the fee/ remuneration may be deposited into the General
Revenues) may be endorsed, in future, to the AGPR and Accountants General of
the Provinces in the case of federal and provincial employees respectively as well
as to the Pakistan Embassy in the country where the officer is taking up the
consultancy. One copy should also be sent to the Training Wing, Establishment
Division.
Sl. No. 21
Policy Concerning Promotion of Civil Servants on Deputation Abroad
BPS.
467
policy will only apply to the cases covered by para 2 (c) i.e. government servants
who take up overseas employment in private organizations/agencies on their own,
would have to leave their jobs without any lien on their appointments in Pakistan.
4. The decision contained in this O.M. will come into force with
immediate effect and will not effect the cases decided prior to its date of issue.
4. The decision of Joint Chief Staff Committee shall not apply to:-
Refer to the Establishment Division O.M. No. 10(3)/81 CP.I, dated 25th
June, 1984 regarding policy governing civil servants on deputation abroad.
2. Till recently, government servants on deputation to international
organizations and foreign governments were required to come back after spending
five years of their deputation abroad. This policy has been reviewed and, in
accordance with para 4 of the O.M. referred to above, government servants can
stay abroad beyond 5 years under certain conditions. The relevant provision of the
policy is reproduced below:-
Sl. No. 22
(a) The family of the official who proceeds abroad single, will be
allowed to retain government accommodation in Pakistan during
the period of secondment abroad subject to the condition that the
official will not have accommodation on government expense at
two stations i.e. in Pakistan as well as outside Pakistan; and
name. Further, for processing of cases of such nature in future, the following
guidelines shall be observed:-
(i) When services of personnel of the armed forces are required for
posting against any civil post, the proposal to this effect shall be
forwarded by the respective Ministry/Division to the Ministry of
Defence indicating the post with BPS/pay and allowances job
description and the period for which the services are required (copy
of the same shall also be forwarded to the COS to the Chief
Executive for information).
In the present context, it would imply COS to the President; the Principal Secretary to the Prime
Minister.
471
Sl. No. 23
2. In view of this provision in the financial rules, the police officials sent
to serve the UN Missions cannot claim or cannot be paid the salary from the
revenues of Government of Pakistan, in this case the concerned Police
Department. They can claim pay from the Government of Pakistan or Police
Department concerned when they serve under the Government of Pakistan. The
rule position has been clarified under FR-9(28) as under:
The substantive pay means the pay other than special pay, personal
pay or emoluments classed by pay by the Governor General under
rule 9(21) (a) (iii) to which a Government servant is entitled on
account of a post to which he has been appointed substantively or by
reasons of his substantive position in a cadre.
subsistence grant or allowance they cannot be paid salary. Their period of duty in
UN Mission will also not be counted for the purpose of pension unless they pay
pension contribution. This period will also not count for the maintenance of leave
account. They are also required to contribute towards GP Fund etc. However as a
special compensation the government may allow the families of such police
personnel to retain the government accommodation and medical facilities.
Reference this Divisions O.M No. 1/65/90-T-IV dated April 22, 1998 on the
above subject. The policy on employment with international organizations/UN
specialized agencies has been reviewed. It has been decided that civil servants,
who are selected by international organizations/UN specialized agencies, may
invariably be treated as on deputation for a maximum period of five years, after
obtaining clearance of the Special Selection Board and approval of the competent
authorities (Chief Executive*) for officers in BPS 19 and above and Establishment
Secretary for officers in BPS 17 & 18 with the following modifications conditions:-
(i) The policy shall also apply to the case of deputation to foreign
governments (both in Pakistan and abroad);
(ii) The deputation shall be made initially for a period equal to the
approved tenure of appointment offered by the borrowing international
agencies/foreign governments, subject to renewal;
* Prime Minister.
473
Instructions to Para IV above.
Sl. No. 24
Added vide Estt. Div.s O.M No. 5/3/2002-T-IV dated 1st July, 2013.
474
(a) for posts "excluded" from their ordinary cadre for the purposes
of recruitment;
(ii) If (i) (b) was true, should persons recruited by transfer from
Subordinate Offices be eligible for appointment in offices other than
those in which they were initially appointed by transfer from
Subordinate Offices.
8. As for posts "excluded" from the regular cadre under orders in force
in undivided India, they were to be separated from the regular cadre under
intimation to Establishment Division. The future cadre of clerks and Assistants in
Ministries/Divisions/Attached Departments, consisted of posts sanctioned by
Ministry of Finance minus the "excluded posts.
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